Section Two

Concluding and Transitional Provisions

Provisions

Especially on human rights and fundamental freedoms, the Constitution provides for human rights and freedom of citizen according to the universally recognised principles and norm of international law as well as the Constitution[3] and affirms that the listing in the Constitution of the Russian Federation of the fundamental rights and freedom shall not be interpreted as a rejection and derogation of other universally recognised human rights and freedom.[4]

Presidency

Dmitry Medvedev takes the presidential oath with his hand resting on the Constitution, May 7, 2008.

The Constitution of the Russian Federation specifies that the President is the Russian head of state, setting domestic and foreign policy and representing Russia both within the country and internationally [Article 80].[5] While the original constitution stipulated a four-year term and a maximum of two terms in succession, the current constitution decrees a six-year term. The four-year term was in effect while Vladimir Putin served his first and second terms; with the two-term limit, he was barred from the presidency in 2008. Instead, he served as Prime Minister while Dmitry Medvedev served as president for four years. Putin was re-elected to his third term in 2012; with the six-year term, he was elected to his fourth term in 2018. Article 81 specifies the method of election, including a secret ballot; Articles 82 - 93 detail powers, responsibilities, and limitations of the presidency. The constitution provides for a 'strong presidency'; not only is the president the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation"[6], the president also has the power to dissolve the State Duma.[7]

Executive branch

Legislative branch

The legislature is represented by the Federal Assembly of Russia, which consists of two chambers: the State Duma – the lower house, and the Federation Council – the upper house. The two chambers possess different powers and responsibilities, while the State Duma is of more significance, as the State Duma carries the main responsibility for passing federal laws. Although bills may originate in either legislative chamber (or submitted by the President, the government, local legislatures, the Supreme Court, the Constitutional Court, or the High Arbitration Court), they must be first considered by the State Duma and be adopted by a majority vote before it could be turned over to the Federation Council, which has 14 days to take a vote on it. If rejected, the bill will be returned to the State Duma, which then can only pass it with a two-thirds vote again in the same form. If a bill is adopted by the Federation Council, it must be signed by the President to become law. The President has a final veto, but the State Duma and Federation Council also have the overriding power by passing a two-thirds vote.

Judiciary

While the Russian Federation Constitution enumerates a strong and independent judicial branch, the reality is a question of debate. The constitution provides for judicial immunity, lifetime appointments/"irremovable" justices, and the supremacy of the courts to administer justice, and affirms that judges need only submit to the constitution and the federal law.[8] Additionally, Article 123 provides for open and fair trials, as well as equal application of the law.[9] Three courts are delineated: Constitution Court of the Russian Federation, the Supreme Court of the Russian Federation, the Higher Arbitration Court, each "Appointed by the Council of the Federation upon the proposals by the President"[8]. The Constitution requires 19 judges for the Constitution Court[8], but does not specify the number of justices for the other courts. As of 2002, the Supreme Court has 115 members[10]; due to the expansion of duties in 2014, the number of seats was increased to 170.[11] In September of 2014, the Institute of Modern Russia reported that the Russian Federation's Supreme Arbitration Court had been dissolved, and judicial matters previously under its authority had been transferred to the jurisdiction of the Supreme Court[11].

Amending the Constitution

The procedure for amending the Constitution is outlined in Chapter Nine. Proposals on amendments to and revision of the provisions of the Constitution of the Russian Federation may be submitted by the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, legislative (representative) bodies of constituent entities of the Russian Federation, and by groups consisting of not less than one fifth of the members of the Council of Federation or of the deputies of the State Duma. The constitutional amendments should be approved by legislative bodies of at least two thirds of the constituent entities of the Russian Federation.

Updating the provisions of Article 65 of the Constitution of Russia is carried out in two ways: updating regarding the change of the name of the subject of the Russian Federation is carried out by a decree of the President of Russia on bringing the name of the subject of the Russian Federation in the text of the Constitution of the Russian Federation in accordance with the decision of the subject of the Russian Federation; An update regarding changes in the subject composition of the Russian Federation is carried out in accordance with the federal constitutional law on the admission to the Russian Federation and the formation of a new constituent entity of the Russian Federation, on changes in the constitutional and legal status of the constituent entities of the Russian Federation, which should contain an indication of the inclusion of relevant changes or additions to Article 65 of the Constitution of Russia (Article 137 of the Constitution of Russia).

Updating the provisions of chapters 3, 4, 5, 6, 7, 8 of the Constitution of Russia is carried out in the form of a special act - the law of the Russian Federation on amendments to the Constitution, which is adopted by the parliament similarly to the federal constitutional law, but also requires ratification by the legislative bodies of the constituent entities of the Federation. Moreover, one law of the Russian Federation on the amendment to the Constitution covers interrelated changes to the constitutional text; the law itself receives a name reflecting the essence of this amendment.

Updating the provisions of chapters 1, 2, 9 of the Constitution of Russia is considered a revision of its fundamental provisions, which is possible only through the adoption of the new Constitution of the Russian Federation by the Constitutional Assembly or by popular vote (Article 135 of the Constitution of Russia).[12]

2008 amendments

The amendments of 2008, which were proposed in November 2008 and came into force on 31 December 2008, are the first substantial amendments to the Constitution of Russia of 1993[13][14] and extended the terms of the President of Russia and the State Duma from four to six and five years, respectively. Earlier only minor adjustments concerning the naming of the federal subjects or their merging were made, which require a much simpler procedure.

2020 amendments

The amendments of 2020 remove the "in a row" clause from the article regulating the maximum number of presidential terms, discounting previous presidential terms before the amendment enters into force. Other changes are recognition of Russia as a successor to the Soviet Union, banning ceding Russian territory or criticizing its role in World War II and enshrining God and heterosexuality in the constitution.[15][16][17]